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2018 (10) TMI 118 - AT - Companies LawOppression and mismanagement - Fraud and forgery - Held that:- We find that the oral submissions and claims of the Appellants trying to deny the documents, which appear to have come into existence in ordinary course of events, cannot be accepted. There is material to show that the Appellant No.1, who was taking great care of the interest of the Appellants, was MD of the Company till 26.10.2012 and was party to the increase in authorized share capital as well as documents show that list of allottees also was bearing his signature. He appears to have subsequently resigned from the post of MD and continued as Director. The Appellants cannot be heard denying their own documents. Merely denying documents bearing signatures of Appellant No.1 is not enough. Burden of proving an averment is on the party making the averment. Appellants have failed to prove documents adverse to their claims to be false or forged. Appellants through Appellant No.1 were in control of the affairs till 06.03.2012 cannot simply disown documents bearing signatures of Appellant No.1 by merely saying that they trusted Respondent No.2 and had signed blank papers and that the same have been misused. Fraud and forgery when alleged require details and circumstances to be proved to spell out possibilities and actual fraud and forgery. Calling for forensic evidence is supportive evidence in this regard and even that was not resorted to. The Appellants thus failed to prove oppression and mismanagement on the part of Respondents.
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